The U.S. Supreme Court is set to hear arguments in its coming term on the legitimacy of a controversial legal theory about who oversees elections and whether that authority has limits.
September 14, 2022, 5:06 AMMst. Sgt. Sam Wallace fills out a ballot on Election Day on Nov. 3, 2020 in St. Pauls, North Carolina."Democracy in Peril,"
The theory could undermine how American democracy works now, these experts said, raising concerns about what it could mean for how the 2024 presidential race and other contests are run. Jason Snead, the executive director of the Honest Elections Project, a conservative-aligned group which filed an outside amicus brief in Moore v. Harper supporting the theory, told NPR in August that the issue gets to "the very core of what it is to have a free election."
“It takes four justices to decide to take a case, so there are at least four justices interested in resolving whether the independent state legislature theory is an appropriate reading of the Constitution, but that doesn’t mean that the court is prepared to adopt this idea,” said Eliza Sweren-Becker, counsel in the Brennan Center's Voting Rights and Elections Program.
Mail voting, same-day voter registration, ranked-choice voting systems, secret ballots and other statutes for federal races could be threatened, experts said. Snead, whose group is supporting Moore, called such concerns “overblown and overplayed.” State legislatures, he said, would still need to be checked by federal law and Congress.
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